IN THE CASE OF:	  

		BOARD DATE:	  1 November 2011

		DOCKET NUMBER:  AR20110008694 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United State) to show the:

* Purple Heart
* Army Commendation Medal
* Army Achievement Medal
* Army Good Conduct Medal
* Army of Occupation Medal with Germany Clasp (served in Germany)
* Korean Service Medal (served during the Korean War)
* Army Service Ribbon

2.  He states he wants to see if he qualifies for any of the listed awards.  He has been categorized as 100 percent (%) disabled by the Department of Veterans Affairs (DVA).  He walks with a cane for balance.  His hearing is also bad and he wears hearing aids in both ears.

3.  He provides:

* A self-authored statement
* his DD Form 214 for the period ending 12 October 1955
* A Physician's Questionnaire from the Disabled American Veterans (DAV), dated 31 December 2003
* A letter from the DVA, New York Harbor Healthcare System, dated
31 December 2003

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant’s military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining for the Board to conduct a fair and impartial review of this case.

3.  The applicant requested that the Army Good Conduct Medal and the Army of Occupation Medal with Germany Clasp be added to his DD Form 214.  His
DD Form 214 currently shows he was awarded these two awards.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

4.  The applicant was inducted into the Army of the United States and he entered active duty on 16 June 1954.  He served on active duty for 1 year, 3 months, and 27 days which included 5 months and 8 days of foreign service.  He was honorably released from active duty on 12 October 1955 by reason of hardship.  He was transferred to the U.S. Army Reserve, New York Military District to complete his remaining Reserve obligation.

5.  The DD Form 214 he was issued at the time shows in:

* Item 5 (Qualifications - Specialty Number or Symbol) the entry 293.16 (Radio Relay and Carrier Operator)
* Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the

* National Defense Service Medal
* Army of Occupation Medal with Germany Clasp
* Army Good Conduct Medal
* Item 28 (Most Significant Unit Assignment) the entry "Hq & Hq Co, SASC, 7822 AU, APO 407" (Germany)
* Item 29 (Wounds Received As A Result Of Action With Enemy Forces) the entry "None"
* Item 30 (Service Schools or Colleges Training Courses and/or Post-Grad, Courses Successfully Completed) the entry Signal School, Fort Monmouth, NJ, 24 weeks, 1955, Field Radio Repairman

6.  There is no evidence of record and the applicant did not provide any evidence that shows he sustained wounds or was treated for wounds incurred as a result of action with enemy forces.

7.  There is no evidence and he did not provide any evidence that shows he served in Korea and his name is not listed on the Korean casualty listing.

8.  There is also no evidence of record and he did not provide any evidence that shows that he was recommended for or awarded the Army Commendation Medal.

9.  The Physician's Questionnaire from the DAV provided by the applicant states "he is totally disabled by his depression and unable to function in any job in any capacity."

10.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual
military decorations, Good Conduct Medal, service medals and ribbons,
combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

	b.  the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	c.  the Army Achievement Medal is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished themselves by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	d.  the Korean Service Medal is awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954.

	e.  the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility (1) encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and (2) all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days or meet several criteria including:  (1) be engaged in combat during an armed engagement, regardless of the time in the area of eligibility or (2) be wounded or injured in the line of duty and required medical evacuation from the area of eligibility.  

	f.  the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after
1 August 1981.

11.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  It allows that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for the timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

12.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  There are no medical records available which show the applicant was wounded or treated for wounds as a result of hostile action.  Additionally, if he served in Korea, as suggested by his request for the Korean Service Medal, his name is not listed on the Korean casualty listing.  Therefore, in the absence of medical records supporting his contention, there is an insufficient evidentiary basis for awarding him the Purple Heart in this case.

2.  There is no evidence of record that shows he was recommended for or awarded the Army Commendation Medal by the appropriate authority.  Therefore, there is no basis for granting this portion of his request.

3.  While the available evidence is insufficient for awarding him the Army Commendation Medal, this in no way affects his right to pursue his claim for the Army Commendation Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

4.  The Army Achievement Medal was not established until on or after 1 August 1981, 25 years after his release from active duty.  Therefore, there is no basis for granting this portion of his request.

5.  There is no evidence and he has not provided any evidence that shows he served in Korea during a qualifying period of service for the Korean Service Medal or for the Korea Defense Service Medal.  Therefore, in the absence of such evidence, there is no basis for granting this portion of his request.

6.  It appears that he was awarded MOS 293.16 upon completion of his initial entry training in 1954.  His DD Form 214 also shows he attended the field radio repairman course in 1955.  Although he successfully completed his initial entry training prior to the establishment of the Army Service Ribbon on 10 April 1981 there is no evidence that he was on active Army status on or after 1 August 1981 for retroactive awarded the Army Service Ribbon.  Therefore, he is not entitled to this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_ ____x___  ____x___  ____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ____________x__________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20110008694



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ABCMR Record of Proceedings (cont)                                         AR20110008694



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